ProBiotix Health plc Fundraise

OptiBiotix Health PLC

05 September 2024

 

OptiBiotix Health plc

("OptiBiotix" or the "Company" or "the Group")

ProBiotix Health plc Fundraise

OptiBiotix plc ("OptiBiotix") notes the announcement made by ProBiotix Health plc (AQSE: PBX) ("ProBiotix"), the life sciences business developing probiotics to support cardiometabolic health, on 4 September 2024, that it has raised £1,226,400 through a share subscription (the "Subscription").

The shares comprised in the Subscription appear to be issued pursuant to an authority purported to be taken from shareholders by ProBiotix Health plc at its annual general meeting held on 8 August 2024. However, OptiBiotix legal advisors have advised the Company that resolution 6 set out in ProBiotix's notice of annual general meeting (which has still not been filed at Companies House in breach of section 30 of the Companies Act 2006) contains a fundamental error (which was not brought to the attention of, or corrected by the requisite majority at the annual general meeting) by cross referencing the conditionality of resolution 6 to the passing of "Resolution 8" (which did not exist). The special resolution is accordingly invalid in accordance with section 283(6)(c), Companies Act 2006. OptiBiotix will bring this defect to the attention of AQUIS.

Neil Davidson, Chairman of OptiBiotix Health plc said: "Given previous public statements of sufficient funds by ProBiotix, OptiBiotix were surprised at the timing and level of discount of the Subscription and its highly dilutive effect on long term investors. OptiBiotix's legal advisors have explained that, as a consequence of the invalidity of the special resolution purportedly passed at the 2024 annual general meeting, ProBiotix do not currently have the right to issue equity on a non pre-emptive basis given that the prior authority taken at the 2023 annual general meeting expired at the conclusion of the 2024 annual general meeting. OptiBiotix will bring this matter to the attention of AQUIS."

This announcement contains information which, prior to its disclosure, was considered inside information for the purposes of the UK Market Abuse Regulation and the Directors of the Company are responsible for the release of this announcement.

For further information, please contact: OptiBiotix Health plc		www.optibiotix.com
Neil Davidson, Chairman	Contact via Walbrook below
Stephen O'Hara, Chief Executive
Cairn Financial Advisers LLP (NOMAD)		Tel: [phone]
Liam Murray / Jo Turner / Ludovico Lazzaretti
Peterhouse Capital Limited (Broker)		Tel: [phone]
Duncan Vasey / Lucy Williams
Walbrook PR Ltd		Mob: [phone]
Anna Dunphy

About OptiBiotix - www.optibiotix.com

OptiBiotix Health plc (AIM: OPTI), which was formed in March 2012, brings science to the development of compounds which modify the human microbiome - the collective genome of the microbes in the body - in order to prevent and manage human disease and promote wellness.

OptiBiotix has an extensive R&D programme working with leading academics in the development of microbial strains, compounds, and formulations which are used as active ingredients and supplements. More than twenty international food and healthcare supplement companies have signed agreements with OptiBiotix to incorporate their human microbiome modulators into a wide range of food products and drinks.

OptiBiotix is also developing its own range of consumer supplements and health products. The Company's current areas of focus include obesity, cardiovascular health, and diabetes. 

 

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